Common use of Formal Procedure for Handling Grievances Clause in Contracts

Formal Procedure for Handling Grievances. 1. Step One If the matter is unresolved by the informal procedure, the Association representative shall submit the grievance in writing on mutually acceptable forms to the Xxxxxxx or his/her designee stating the nature of the grievance, including relevant facts, the provision(s) of the contract alleged to have been violated, and the adjustment sought. The grievance must be in writing and receipted by the University representative within sixty (60) working days following the time at which the grievant or, in the case of group grievances, any member of the group could have reasonably been aware of its occurrence. Within fourteen (14) working days of receiving the grievance, the Xxxxxxx or his/her designee shall arrange a meeting between the grievant, one (1), two (2), or three (3) Association-appointed representatives and the Xxxxxxx or his/her designee and, at his/her discretion, the xxxx or his/her designee, the chair, and/or a fourth (4th) administration representative. A written answer to the grievance shall be forwarded by the Xxxxxxx or his/her designee to the Association with a copy to the grievant within fourteen (14) working days of the meeting. Any grievance not appealed in writing and receipted by the appropriate University representative within twenty-one (21) working days after an answer shall be considered settled on the basis of the last answer and not subject to further review. If a meeting is not arranged in a timely fashion, the Association may proceed to Step Two of the Grievance Procedure providing it does so within twenty-one (21) working days of the initiation of Step One. If a meeting is arranged but a timely answer is not forwarded to the Association, or the Association finds the answer unacceptable, the Association may proceed to Step Two of the Grievance Procedure provided it does so within twenty-one (21) working days of the time of the meeting. If a meeting occurs but the Association finds the answer unacceptable, the Association may proceed to Step Two of the Grievance Procedure provided it does so within twenty-one (21) working days of the receipt of the Step One response. The Association may request an extension if it needs additional time to reach a decision about proceeding to Step Two. 2. Step Two If the Association intends to proceed to Step Two, it must notify the President or his/her designee within twenty-one (21) working days of the receipt of the Step One response. If additional time is needed, a request for an extension must be forwarded within the twenty-one (21)- day period. Within twenty (20) days of such notification, a representative of the Association and a representative of the University’s Office of the General Counsel shall meet for the purpose of selecting an arbitrator to arbitrate the dispute. In the event the parties are unable to agree upon the selection of an arbitrator, the selection shall be made in accordance with the then prevailing rules of the Federal Mediation and Conciliation Service (FMCS). FMCS will provide a panel of seven (7) arbitrators. The parties will strike names alternately until one (1) name remains, and that arbitrator will be appointed. There shall be no formal rules of evidence, and the arbitrator shall operate in accord with the prevailing rules of the Federal Mediation and Conciliation Service. Each party may present its own witnesses. The arbitrator’s jurisdictional authority is defined and limited to the determination of a grievance as defined in Section B of this Article, and limitations and exclusions to the arbitrator’s authority contained in other Articles of this Agreement will also apply. The arbitrator shall have no power to add to or to subtract from or modify any of the terms of this Agreement, and his/her findings shall be consistent with the terms of this Agreement. The arbitrator shall issue his/her decision within thirty (30) days after the conclusion of testimony, argument, and submission of briefs.‌ The award of the arbitrator shall be based exclusively on evidence presented at the hearing. Decisions within the jurisdiction and the authority of the arbitrator shall be final and binding on the part of the Association, bargaining-unit members, and the University.

Formal Procedure for Handling Grievances. ‌ 1. Step One One‌ If the matter is unresolved by the informal procedure, the Association representative shall submit the grievance in writing on mutually acceptable forms to the Xxxxxxx or his/her their designee stating the nature of the grievance, including relevant facts, the provision(s) of the contract alleged to have been violated, and the adjustment sought. The grievance must be in writing and receipted by the University representative within sixty (60) working days following the time at which the grievant or, in the case of group grievances, any member of the group could have reasonably been aware of its occurrence. Within fourteen (14) working days of receiving the grievance, the Xxxxxxx or his/her their designee shall arrange a meeting between the grievant, one (1), two (2), or three (3) Association-appointed representatives and the Xxxxxxx or his/her their designee and, at his/her their discretion, the xxxx or his/her their designee, the chair, and/or a fourth (4th) administration representative. A written answer to the grievance shall be forwarded by the Xxxxxxx or his/her their designee to the Association with a copy to the grievant within fourteen (14) working days of the meeting. Any grievance not appealed in writing and receipted by the appropriate University representative within twenty-one (21) working days after an answer shall be considered settled on the basis of the last answer and not subject to further review. If a meeting is not arranged in a timely fashion, the Association may proceed to Step Two of the Grievance Procedure providing it does so within twenty-one (21) working days of the initiation of Step One. If a meeting is arranged but a timely answer is not forwarded to the Association, or the Association finds the answer unacceptable, the Association may proceed to Step Two of the Grievance Procedure provided it does so within twenty-one (21) working days of the time of the meeting. If a meeting occurs but the Association finds the answer unacceptable, the Association may proceed to Step Two of the Grievance Procedure provided it does so within twenty-one (21) working days of the receipt of the Step One response. The Association may request an extension if it needs additional time to reach a decision about proceeding to Step Two.Two.‌‌ 2. Step Two Two‌ If the Association intends to proceed to Step Two, it must notify the President or his/her their designee within twenty-one (21) working days of the receipt of the Step One response. If additional time is needed, a request for an extension must be forwarded within the twenty-one (21)- day 21)-day period. Within twenty (20) days of such notification, a representative of the Association and a representative of the University’s Office of the General Counsel shall meet for the purpose of selecting an arbitrator to arbitrate the dispute. In the event the parties are unable to agree upon the selection of an arbitrator, the selection shall be made in accordance with the then prevailing rules of the Federal Mediation and Conciliation Service (FMCS). FMCS will provide a panel of seven (7) arbitrators. The parties will strike names alternately until one (1) name remains, and that arbitrator will be appointed. There shall be no formal rules of evidence, and the arbitrator shall operate in accord with the prevailing rules of the Federal Mediation and Conciliation Service. Each party may present its own witnesses. The arbitrator’s jurisdictional authority is defined and limited to the determination of a grievance as defined in Section B of this Article, and limitations and exclusions to the arbitrator’s authority contained in other Articles of this Agreement will also apply. The arbitrator shall have no power to add to or to subtract from or modify any of the terms of this Agreement, and his/her their findings shall be consistent with the terms of this Agreement. The arbitrator shall issue his/her their decision within thirty (30) days after the conclusion of testimony, argument, and submission of briefs.‌ The award of the arbitrator shall be based exclusively on evidence presented at the hearing. Decisions within the jurisdiction and the authority of the arbitrator shall be final and binding on the part of the Association, bargaining-unit members, and the University.thirty